Comments on: EULA Hoops http://www.concurringopinions.com/archives/2006/10/eula_hoops.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Mike http://www.concurringopinions.com/archives/2006/10/eula_hoops.html/comment-page-1#comment-56627 Mike Mon, 27 Nov 2006 23:41:10 +0000 http://www.solove.org/archives/2006/10/eula-hoops.html#comment-56627 Sorry about commenting on this older post, but let me help out a bit. I believe that most courts look to the sufficiency of notice of the term and the fundamental fairness of the term. Fundamental fairness is a pretty low bar, but I would very much doubt that your proposed EULA term would meet even that low bar. Most courts draw their analysis from the Carnival Cruise Lines v. Shute case involving a forum selection clause on a cruise ticket. I think it very obvious though that not every clause, even under notice/ff standard will be enforceable. Sorry about commenting on this older post, but let me help out a bit. I believe that most courts look to the sufficiency of notice of the term and the fundamental fairness of the term. Fundamental fairness is a pretty low bar, but I would very much doubt that your proposed EULA term would meet even that low bar.

Most courts draw their analysis from the Carnival Cruise Lines v. Shute case involving a forum selection clause on a cruise ticket.

I think it very obvious though that not every clause, even under notice/ff standard will be enforceable.

]]>